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Amend Carmel/CTRW Agreement FIRST AMENDMENT TO THE MUNICIPAL WASTE WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARMEL AND THE CLAY TOWNSHIP REGIONAL WASTE DISTRICT This First Amendment to the Municipal Waste Water Service Agreement between the City of Carmel and the Clay Township Regional Waste District made and entered into this /~day of .~e~, 198~ by and between the City of Carmel, a municipal corporation in Hamilton County, Indiana, by and through its Board of Public Works (hereinafter referred to as CARMEL) and the Clay Township Regional Waste District, a sewer district in Hamilton County, Indiana, by a~d through its Board of Trustees (hereinafter referred to as DISTRICT) . WITNESSETH THAT: WHEREAS, CARMEL and the DISTRICT entered into an agreement on the 10th day of June, 1983, under which said agreement CARMEL agreed to accept from the DISTRICT wastewater, liquid waste, and sewage of the DISTRICT and further agreed to treat and dispose the same in a proper manner at its sewer treatment plants; and WHEREAS, said agreement was submitted to the Indiana Stream Pollution Control Board (ISPCB) for preliminary comments and approval from the ISPCB; and WHEREAS, the preliminary comments received from the Technical Secretary of the ISPCB indicated that the following amendment to said agreement are necessary, and the parties hereto agree that said amendments are in the best interest of both CARMEL and the DISTRICT. NOW, THEREFORE, it DISTRICT and CARMEL that agreement is amended as 1. Item 5 of said as follows: is hereby agreed by and between the the parties'June 10, 1983, follows: agreement is hereby amended to read a sewage collection regulating stations required to deliver the wastes, and sewage from The DISTRICT agrees to construct and maintain system, including sewers and and other structures, as may be flow of waste water, liquid the DISTRICT to CARMEL. The DISTRICT agrees to use all necessary precautions and diligence to exclude from wastewater, liquid wastes and sewage transported to CARMEL, sand, gravel, street waste, grits, leaves, rags, paper, pickling liquor, cyanide, coal tar, oil, grease, acids, dry cleaning fluids, and any other foreign materials and industrial wastes which are objectionable, dangerous, and inhibitive to bacterial growth or which for other reasons cannot readily be treated in the sewage treatment plant of CARMEL or may be injurious thereto or are prohibited by the Sewer Use Ordinance of CARMEL, which may be amended from time to time. Upon discovery hat unacceptable substances or materials, as defined by the Sewer Use Ordinance of CARMEL of 1981, as amended from time to time, or waste or materials deemed unacceptable pursuant to rule and regulations duly formulated by the U.S. Environmental Protection Agency (EPA) or the Indiana Stream Pollution Control Board (ISPBC), are being discharged by DISTRICT to CARMEL, the DISTRICT shall be notified and the DISTRICT shall forthwith take appropriate steps to insure that such unacceptable materials are excluded from future discharges to CARMEL. The DISTRICT shall be liable for any additional costs at the wastewater treatment plant in connection' with such unacceptable materials delivered from the DISTRICT, including any fines or civil penalties as may be levied by the State of Indiana or EPA for noncompliance with CARMEL's National Pollutant Discharge Elimination System (NPDES) permit. Upon discovery that any unacceptable substances or materials are being discharged as set forth above: (A) Either party shall immediately notify the other party of such unacceptable sewage or materials, including the location, time or times, the nature of such unacceptable sewage or waste, and such other information as may be available. (B) thereof user to Upon verbal notification and confirmation in writing, the DISTRICT shall notify that immediately cease delivery of such materials and/or waste hours and continue all assure compliance with (C) CARMEL shall, within twenty-.four (24) necessary monitoring to this agreement. in the event the DISTRICT is unable to identify the location, time, and source of such unacceptable sewage, cooperate with the DISTRICT in locating such source. The DISTRICT will use its best efforts to correct or cut off the user delivering unacceptable waste water, liquid waste, and sewage to the parties' sewer system. (D) In the event that the user delivering such unacceptable sewage or materials through the DISTRICT's connection point to CARMEL sewer system cannot be ascertained within 48 hours of first notice, then the DISTRICT and CARMEL shall authorize an independent emergency investigation to be instigated forthwith in regard to the matter. The DISTRICT and CARMEL shall fully cooperate with said emergency investigation to ascertain the user delivering such unacceptable sewage or material and severity of damage and necessary corrective actions. (E) The parties shall determine and agree as to the severity of the damage caused to CARMEL's treatment facilities resulting from the discharge of such unacceptable sewage or materials. If the parties ar~ unable to reach such agreement, then both parties may agree within thirty (30) days after said negotiations fail, to name an independent engineer or other person not connected with either party who has knowledge in the disputed areas. The two named arbitrators shall name a third qualified person to serve and the three arbitrators shall determine the unresolved issues between the parties. The judgement of findings of a majority of the arbitrators shall be binding upon the parties and a unresolved issues. In addition to the final determination of all expenses, civil penalties, damages, or fines for the damage to the CARMEL sewage system, the expense of such investigation or arbitration shall be born by the DISTRICT. It is the intent'of the parties hereto that any arbitrator selected pursuant thereto shall have experience and expertise in the particular area of disagreement. (F) In the event that the parties are unable to ascertain the user delivering su'ch unacceptable sewage or materials through the DISTRICT interconnection points to CARMEL, then and in that event, if an emergency exists as to the continuing damage to CARMEL's treatment facilities resulting from the discharge of such unacceptable sewage or material, CARMEL may seek such equitable or injunctive relief as is necessary or appropriate in a court of competent jurisdiction. (G) In the event of a finding by a Court that a party has acted arbitrarily, capriciously or in bad faith regarding the inability of the parties to resolve issues arising out of this paragraph 5, then the party who has acted in bad faith arbitrarily or capriciously shall pay the litigation expenses of the party who has not acted arbitrarily, capriciously or in bad faith. 2. All other provisions contained in the Municipal Waste Water Service Agreement between CARMEL and the DISTRICT dated June 10, 1983, are in full force and effect. The parties further are required Indiana Code hereby reaffirmed and shall continue agree to adopt such ordinances as under Indiana Code Section 36-9-23-16 and/or 13-3-2-15 so as to fully adopt and authorize the said June 10, 1983, agreement as well as this amendment thereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective this /~'/ day of ~~__, CITY OF CARMEL Its Board of Public Works THE CLAY TOWNSHIP WASTE DISTRICT By REGIONAL ? Da ted: Its Board of Trustees ATTEST: ' ~ ~ Secretary Dated: /~?- /~-~